Gay Tasmanian man Michael Cain has lost his long battle to prove the Australian Red Cross Blood Service unfairly discriminates against gay men. The Tasmanian Anti-Discrimination Tribunal has ruled that the existing 12-month ban on donations from men who have had sex with men did not amount to direct or indirect discrimination, reports the Sydney Star Observer. The Tribunal did suggest however that the policies around blood donations be reviewed as further data on blood risk becomes available. The decision stated: "In any event, the conduct of the Red Cross was required by law and so even if he had been subjected to discrimination the conduct of the Red Cross could not be unlawful." "The 12 month deferral stems from the research evidence on infection risk, and testing limitations, Dr Philippa Hetzel, the Blood Service National Operations Manager explained, according to SameSame.com.au. There is an undetectable 'window' period, during which a virus such as HIV or Hepatitis C can exist in the blood, yet not show up in scientific testing. Cain was disappointed. This was a knife-edge decision in which the Tribunal erred on the side of caution, but given how much of my case it agreed with, I am confident the next time this matter goes to court the outcome will be a new policy," he said. "The Red Cross's absurd claims that all gay sex is very high risk because gay men are all sexually irresponsible and promiscuous are now officially dead and buried." Meanwhile in New Zealand, men who have had sex with a man anytime the last five years cannot donate blood, say new guidelines made official by the New Zealand Blood Service in March this year. The five-year stand-down period was a reduction from the previous ten years.
Credit: GayNZ.com Daily News Staff
First published: Thursday, 28th May 2009 - 11:04am